T SENAPATHY Vs. STATE

JUDGEMENT

(1.) THE petitioner is the accused in Crime No.15 of 2005 on the file of the first respondent. He is a Managing partner of the Green Finance & Lakshmi Finance Services, Karur. He is engaged in the business of financing for purchase of new and used vehicles. THE second respondent had executed a Hire Purchase loan Agreement with the petitioner in H.P.Loan No.79 on 13.11.2003 for a sum of Rs.28,720/- agreeing to repay the same in 10 equal monthly instalments of Rs.3,750/- each through one Singaravelan, the proprietor of Sri. Mathura Motors, Thottiyam.

(2.) THE second respondent, who lodged the complaint, alleges that he has paid Rs.43,500/- instead of loan amount of Rs.28,720/- and he has paid an excess of Rs.14,780/- in respect of the loan amount in 10 equal instalments; that even then the accused has delayed in returning back the R.C.Book and other connected documents signed by the complainant, and that the accused has issued threats to the complainant with the help of his hirelings in collecting the unlawful profiteering amount from the complainant.

(3.) THE learned counsel for the petitioner Mr. G.R. Swaminathan, would submit that the complaint was lodged at the instigation of the third respondent, who is also impleaded in the petition.